ILLINOIS POLLUTION CONTROL BOARD
    October 30, 1980
    CLEM JURIS and CITY OF SANDWICH,
    Petitioner,
    v.
    )
    PCB 80—68
    ENVIRONMENTAL PROTECTION AGENCY,
    Respondent.
    SUPPLEMENTAL ORDER OF THE BOARD (by J.
    Anderson):
    The Board’s final
    Order granting variance from Rule 962(a)
    of Chapter
    3:
    Water Pollution was entered on September
    4,
    1980.
    On September 30,
    1980,
    the City of Sandwich (City), which had
    earlier opposed grant of variance,
    filed a Petition for Hearing.
    The accompanying affidavit alleged that at such hearing, evidence
    concerning problems experienced in a
    wet period subsequent
    to the
    original hearing would be offered.
    On October
    8,
    1980 the Environmental Protection Agency (Agency)
    filed a Motion for Reconsideration and Relief from Final Order “by
    reason of new facts.”
    Attached as exhibits thereto were 52 signed
    complaints from residents concerning surcharge incidents during
    September 1-8,
    1980, as well as photographs taken during that period.
    The Board also acknowledges its receipt on September 19,
    1980 of a
    letter from Mr. Spencer Zitka, recommending that the Board reverse
    its decision.
    On October 20,
    1980 Clem Juris
    filed a Motion in Opposition
    to the filings of the City and of the Agency.
    Juris alleges that
    the additional proofs now offered by the City and the Agency are
    merely cumulative to those submitted at the prior hearing
    in this
    matter.
    The Board agrees.
    The exhibits submitted with the Agency’s motion tend to prove
    that another Center Street sewer surcharge incident has occurred,
    with results of the sort which have previously occurred
    (see Opinion
    and Order at
    p.
    6),
    and also that there was standing water in some
    parts of the Triangle Mobile Home Park as a result of the heavy
    rains.
    The Board has previously considered both matters and given
    them appropriate weight.
    Triangle’s surface water problem
    is relevant
    only to the extent that it would relate to additional
    loading to
    the restricted Center Street sewer.
    Previous testimony indicates
    that water does pond at Triangle,
    hut that
    it drains away from the
    2
    Center Street sewer towards Somanouk Creek
    (Juris,
    R.
    26—27 and
    Hanson
    R.
    190—191).
    Infiltration of standing water into Triangle’s
    sewer system could, of course,
    increase the loading to the Center
    Street sewer,
    but it was Juris’
    unchallenged testimony that after
    the raising of manholes and some connections, City officials had
    indicated that Triangle was not contributing to the City’s infii—
    tration/inflow problems
    (R.
    24-25,
    35).
    In his recent motion,
    Juris further stated that during this September’s wet period, that
    the top of the manholes in Triangle’s flooded area stood above the
    level of the standing water
    (Juris Motion,
    p.
    2).
    As the Board previously indicated,
    it finds the conditions
    resulting from the Center Street sewer to be deplorable and in
    need of
    immediate attention.
    The requirement that Juris install
    and use holding tanks during wet weather periods was imposed in
    recognition of this.
    However,
    these Center Street sewer problems
    cannot be remedied by this proceeding.
    The City’s Petition
    Eor Hearing is denied.
    Having reconsidered
    its Opinion and Order of September
    4,
    1980,
    the Board hereby affirms
    it.
    IT IS SO ORDERED.
    I,
    Christan L.
    Moffett, Clerk of the Illinois Pollution Control
    hereby certify that the above Sppplemental Order of the Boa~1was
    adopted on the
    ~
    day of
    ~
    ,
    1980 by a vote of
    ~-O
    Christan L. Mot~~t,Clerk
    Illinois Pollution Control
    Board

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